Gentz sentencing raises questions about possible Bashara arrest
By
Jameson Cook
[email protected]; @jamesoncook
Posted: Sunday, 02/17/13 03:47 pm
Tuesdays scheduled sentencing of Joe Gentz in Jane Basharas murder has heightened the mystery over if and when her husband will be charged in her death.
Gentz, 49, formerly of Macomb County, was set to be sentenced March 1, but the date was moved up last week to Tuesday in Wayne County Circuit Court in Detroit.
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Bashara, 55, was named as a person of interest as it was revealed he was having an affair and Gentz reportedly told police he killed her at Basharas behest. Basharas former attorney said multiple times he expected his client to be charged.
But Gentzs sentencing prior to an arrest raises questions of whether Gentz will testify against Bashara.
Richard Krisciunas of University of Detroit Mercy Law School previously said Wayne County Prosecutor Kym Worthy could arrest and try Bashara before Gentzs sentencing, since by law Gentz can be sentenced up for up to one year from his December plea. That would force Gentz to comply with the deal because he could refuse after the sentencing.
It could be that they (prosecutors) have decided not to go with him even though they cut a deal for him to testify and theyre trying to do other things and think they can get a bindover (at a preliminary examination) without his testimony, Krisciunas said.
And then theyll call him later and see what happens, or try to prosecute without him.
But he conceded, Its all speculation.
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Anthony Dillof, a criminal law professor at University of Detroit Mercy Law School, suggested the prosecution will seek an adjournment, which Reed would likely fight, arguing that her client is ready to make good on his part of the pact.
Prosecutors may argue that they need more time, and its not their fault for the delays, he said.
It would be up to the judge, Dillof said.
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Jane Basharas body was found Jan. 25, 2012, in her SUV parked in an east-side Detroit alley. Gentz, Basharas former handyman, said in court at his plea that Bashara promised to pay and threatened him to kill his wife.
Dillof said that statement could not be used in a trial because the defendant has the Constitutional right to cross-examine him.
Source: http://www.macombdaily.com/article/...ions-about-possible-bashara-arrest#full_story
